[Federal Register Volume 67, Number 145 (Monday, July 29, 2002)]
[Notices]
[Pages 49036-49037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19025]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-376, 377, and 379 and 731-TA-788-793 (Final) 
(Remand)]


Certain Stainless Steel Plate From Belgium, Canada, Italy, Korea, 
South Africa, and Taiwan; Amended Notice and Scheduling of Remand 
Proceedings

AGENCY: International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The U.S. International Trade Commission (the Commission) 
hereby gives notice of the court-ordered remand of its final 
antidumping and countervailing buy investigations, Certain Stainless 
Steel Plate from Belgium, Canada, Italy, Korea, South Africa, and 
Taiwan, Nos. 701-TA-376, 377 and 379 (Final) and 731-TA-788-793 
(Final).

EFFECTIVE DATE: July 23, 2002.

FOR FURTHER INFORMATION CONTACT: Woodley, Timberlake, Office of 
Investigations, telephone 202-205-3188 or Neal J. Reynolds, Office of 
General Counsel, telephone 202-205-3093, U.S. International Trade 
Commission. Hearing-impaired individuals are advised that information 
on this matter can be obtained by contacting the Commission's TDD 
terminal on 202-205-1810. General information concerning the Commission 
may also be obtained by accessing its Internet server (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION:

Background

    In May 1998, the Commission determined, by a four-to-two vote, that 
an industry in the United States was not being materially injured or 
threatened

[[Page 49037]]

with material injury by reason of imports of cold-rolled stainless 
steel plate in coils from Belgium and Canada. On August 28, 2002, the 
Court of International Trade affirmed this determination as being in 
accordance with law and supported by substantial evidence. Allegheny 
Ludlum Corp. v. United States, 116 F.Supp. 2d 1276 (CIT 2000). On April 
19, 2002, the U.S. Court of Appeals for the Federal Circuit vacated 
lower court's ruling, finding that the Commission's volume and impact 
findings with request to cold-rolled stainless steel plate were not in 
accordance with law and that its pricing finding for cold-rolled plate 
was unsupported by substantial evidence. Allegheny Ludlum Corp. v. 
United States, Appeal No. 01-1223 (April 19, 2002). On June 18, 2002, 
in accordance with the Federal Circuit's decision, the Court of 
International Trade vacated it earlier decision and remanded to the 
Commission its final negative determination with respect to cold rolled 
stainless steel plate. In its order, the Court of International Trade 
remands the determination to the Commission ``for proceedings not 
inconsistent with the Federal Circuit's decision in Appeal No. 01-
1223.'' It also directs the Commission to issue a remand determination 
within sixty days of the date of the order, i.e., by August 19, 2002.

Scheduling the Vote

    The Commission will vote on the remand determination at a public 
meeting to be held on Monday, August 12, 2002. The meeting is 
tentatively scheduled for 2 p.m.

Reopening Record

    In order to assist it in making its determination on remand, the 
Commission is reopening the record on remand in this investigation to 
seek additional data with respect to the impact of the subject imports 
from Belgium and Canada on the domestic industry producing cold-rolled 
stainless steel plate in coils.

Participating in the Proceedings

    Only those persons who were interested parties to the original 
administrative proceedings (i.e., persons listed on the Commission 
Secretary's service list) may participate in this remand proceeding.

Limited Disclosure of Business Proprietary Information (BPI) Under 
an Administrative Protective Order (APO) and BPI Service List

    Information obtained during the remand investigation will be 
released to parties under the administrative protective order (``APO'') 
in effect in the original investigation. Pursuant to section 207.7(a) 
of the Commission's rules, the Secretary will make business proprietary 
information gathered in the final investigation and this remand 
investigation available to additional authorized applicants, that are 
not covered under the original APO, provided that the application is 
made not later than seven (7) days after publication of the 
Commission's notice of reopening the record on remand in the Federal 
Register. Applications must be filed for persons who are on the 
Judicial Protective Order in the related CIT case, but are not 
currently covered under the original APO. A separate service list will 
be maintained by the Secretary for those parties authorized to receive 
BPI under the APO in this remand investigation.

Written Submissions

    Each party who is an interested party in this remand proceeding may 
submit a written brief to the Commission. The brief must be concise and 
be limited to comments on how the data obtained in this remand 
proceeding affect the Commission's original determination with respect 
to cold-rolled stainless steel plate products. Any material in the 
comments not addressing this limited issue will stricken from the 
record. The brief must be doubled-spaced, single-sided, and on 
stationary measuring 8 \1/2\ inches. The comments will be limited to 
thirty (30) pages, and must be filed no later than the close of 
business on August 7, 2002.
    All written submissions must conform with the provisions of section 
201.8 of the Commission's rules; any submissions that contain business 
proprietary information (BPI) must also conform with requirements of 
sections 201.6, 207.3, and 207.7 of the Commission's rules. In 
accordance with sections 201.16(c) and 207.3 of the rules, each 
document filed by a party to the investigation must be served on all 
other parties to the investigation (as identified by either the public 
or BPI service list), and a certificate of service must be timely 
filed. The Secretary will not accept a document for filing without a 
certificate of service.

    Authority: This action is taken under the authority of the 
Tariff Act of 1930, title VII.


    Issued: July 23, 2002.
    By order of the Commission.
Marilyn Abbott,
Secretary.
[FR Doc. 02-19025 Filed 7-26-02; 8:45 am]
BILLING CODE 7020-02-M